An in depth immigration law analysis of the rising deportation pressures confronting Cubans in the United States, the rollback of long standing pathways to residency and the legal strategies available to protect vulnerable families.
The current enforcement climate has created unprecedented instability for Cuban nationals living in the United States. Once beneficiaries of expedited residency pathways, many now face aggressive removal actions as federal policy shifts away from historical protections. The human impact is illustrated powerfully in the lived experiences documented in the report on Cuban deportations. Families are fragmented, lawful process is increasingly opaque and those who relied on previously valid legal mechanisms now find themselves vulnerable to removal orders that would have been unthinkable just years ago.
The report highlights devastating scenarios. Rosaly Estévez, facing imminent detention, left Miami with her three year old US citizen son after officers removed her ankle monitor. She now lives in Cuba separated from her husband, relying on remote legal assistance while caring for a child suffering emotional trauma from forced separation.
Similarly, Heidy Sánchez, removed from Florida despite having no criminal history, was forced onto a plane while still breastfeeding her daughter, whom she had to leave behind due to concerns about Cuba’s healthcare system. Her family remains divided, and she spends each day searching for legal mechanisms to return.
These cases reflect an unusually aggressive approach to removal against individuals previously allowed to pursue legal status calmly and transparently. For immigration counsel, such cases require swift analysis of post order relief, including motions to reopen, stays of removal, humanitarian parole and family based reprocessing.
Cuban immigrants have historically enjoyed distinct statutory advantages including the Cuban Adjustment Act and various parole based programs. Yet many of those mechanisms have been narrowed or reversed. The Biden era parole authority referred to in the report is no longer available, leaving thousands who entered legally to face retroactive exposure to deportation proceedings.
Today, approximately 45,000 Cubans are estimated to be under final removal orders, with another half million vulnerable to enforcement actions. These figures underscore the need for immediate legal triage. Attorneys must evaluate whether clients qualify for fear based relief, prosecutorial discretion, reopening based on legal error or new evidence, or family petitions that may still provide avenues for lawful status notwithstanding an outstanding order.
The report details increasing tension between earlier Cuban American arrivals and recent migrants. Longstanding residents often distinguish their own migration history from that of newer arrivals, creating a social environment that influences political rhetoric and local enforcement culture.
Some political actors encourage aggressive stances against contemporary Cuban migrants, even as they maintain support for Cuban American political leaders. These cross currents complicate public policy and reinforce the necessity for individualized legal advocacy dedicated to constitutional due process regardless of shifting public sentiment.
Many of those removed from the United States do not remain in Cuba. As noted, deportees on Sánchez’s flight promptly departed for countries like Mexico, Brazil or Serbia where Cubans may enter more easily.
However, secondary migration carries significant risks including exposure to smuggling networks, unstable legal status in transit countries and renewed danger if seeking to re approach the US border. Attorneys must therefore counsel clients on the dangers of irregular migration and explore lawful pathways such as refugee processing, family reunification programs and humanitarian parole where applicable.
For many families, the consequences of removal extend beyond living apart. Sánchez, for example, not only awaits reunification with her toddler but also has two IVF embryos preserved in Tampa that represent her only future chance at biological motherhood.
Immigration counsel must approach such cases with heightened urgency, exploring every statutory and discretionary mechanism to facilitate return including joint motions to reopen, hardship based parole requests and applications grounded in medical and family unity considerations.
In an enforcement climate this volatile, no individual should navigate the system alone. Skilled immigration attorneys provide indispensable services including
• Rapid assessment of deportation risk and eligibility for relief
• Filing motions to reopen or reconsider based on changed conditions or legal error
• Pursuing stays of removal and emergency interventions
• Preparing robust asylum and withholding claims
• Advocating for humanitarian parole for separated parents
• Crafting family based strategies for long term lawful immigration solutions
Spar and Bernstein stands ready to guide families through these complexities with the strategic precision, empathy and advocacy required in moments of profound uncertainty.
